YACHTEZ NEW BOAT WARRANTY AGREEMENT
WARRANTY CERTIFICATE & STATEMENT OF WARRANTY
FOR ALL NEW COMPOSITE BOATS INBOARD AND OUTBOARD
BEGINNING WITH 2017/18 MODEL YEAR
PLEASE READ THIS STATEMENT OF WARRANTY CAREFULLY. IF YOU HAVE ANY QUESTIONS REGARDING YOUR RIGHTS AND OBLIGATIONS UNDER THIS WARRANTY AS WRITTEN, PLEASE CONTACT YachtEZ Import LLC – Domestic, and YachtEZ Import And Export LLC – International [ hereafter shall individually or jointly be referred to solely as “COMPANY”]
AS SOON AS POSSIBLE
- WHO IS COVERED:
1.1) UNLESS A MANUFACTURERS TRANSFERABLE WARRANTY IS ISSUED AS PART OF MANUFACTURERS NEW BOAT SALE Purchase Agreement, only the original retail owner(s) who is the original purchaser is covered under standard MANUFACTURER new boat warranty for the full duration of said issued new vessel blanket warranty.
1.2) As per the “Federal Boat Safety Act of 1971” all boat manufacturers are required to maintain records of all original retail purchasers recent addresses for purpose of notification in case of recall.
1.3) FAILURE TO RETURN THE COMPLETED REGISTRATION FORM THAT IS PART OF EVERY NEW BOAT DELIVERY PACKAGE WITHIN 30-DAYS OF SAID DELIVERY, WILL VOID WARRANTY.
1.4) For the purpose of this Statement of WARRANTY, the “date of purchase” shall mean the date that purchaser signed the contracted with authorized YachtEZ Sales Representative.
2. Your Legal Rights Under These Limited Warranties
2.1) The warranties contained in this Statement of Warranty are the only expressed warranties that COMPANY is responsible for maintaining and enforcing.
2.2) These warranties give specific legal rights. You may also have rights that vary from state to state and country to country, including implied warranties. Installed component manufacturers warranty may differ in length of time and specific terms of coverage and only component models for that vessel HIN will be used on new construction issued as per destination of vessel delivery. Legal rights of country of vessel delivery will apply, and for any purchaser misinformation given to change subject warranty coverage, will be dealt as a violation of terms of warranty agreement and immediately cancel any COMPANY obligation to fulfill or enforce said warranty agreement.
2.2.1) An “implied warranty of merchantability” means that the boat in question is reasonably fit for the general purpose for which it was sold.
2.2.2) An “implied warranty of fitness for a particular purpose” means that the boat is suitable for defined special purposes and covered under warranty if these special purposes were specifically disclosed by COMPANY representative directly to owner and vessel subject was built accordingly with shipyard full understanding and approval of modification if any
THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW NATIONAL OR INTERNATIONAL. COMPANY DISCLAIMS, AND THE OWNER HEREBY EXPRESSLY WAIVES, ANY AND ALL OTHER WARRANTY COVERAGE OR REPRESENTATIONS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR DEFINED PURPOSE AS IS MANUFACTURER APPROVED AND RECOGNIZED INTENT AND DESIGN. MODIFICATION OF MANUFACTURER DESIGN WITHOUT SHIPYARD APPROVAL WILL TERMINATE MANUFACTURERS NEW BOAT WARRANTY. COMPONENT MANUFACTURER WARRANTY AS COMPONENTS INSTALLED, COMPANY WILL UPHOLD SAID WARRANTY AS IS OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY,AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW AS INSTALLED ON-BOARD. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERDCHATABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY PERIOD APPLICABLE TO THE RESPECTIVE INSTALLED COMPONENTS ON-BOARD. SOME STATES, AS WELL AS COUNTRIES WHERE LIMITATIONS ON TIME IS UNLAWFUL AND A MANDATORY MINIMUM OF TWO YEARS FOR ANY GIVEN MANUFACTURED COMPONENT INSTALLED ABOARD MUST BE COVERED UNDER THOSE LEGAL GUIDELINES, WHERE THE PUBLIC CONSUMER LAWS IN PLACE DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
3. WHAT IS COVERED:
3.1 BE ADV ISED, COMPANY IS FIRST AND FOREMOST RESPSONSIBLE TO ENFORCE ANY MANUFACTURERS NEW VESSEL AND COMPONENT WARRANTY AS PRIMARY CARRIER. COMPANY on our own owner assurance and as under full COMPANY responsibility warrants to the Owner that the following components of each new vessel shall be free from material defects in materials and workmanship to the extent set forth below under normal use for the periods indicated below:
3.1.1 The following Shipyard/Factory installed items are covered for a warranty period of ONE year in USA, a lawful induced and mandated TWO-years in Europe and all related and associated countries with like minimum/maximum consumer public assurances:
126.96.36.199.2. VESSEL wiring, Harness, and Switches
188.8.131.52.3. Fuel Tanks/ALL Fluid Tanks
3,1,1,1,4. Deck Hardware
3,1,1,1,5. All vessel/boat lights, aerators, bilge pumps, hoses, clamps and fittings
184.108.40.206.6. Steering, temperature gauges and depth finders
3.1.2. The following Factory installed items are covered for a warranty peiord of a minimum but not limited to a period of FIVE  years
220.127.116.11. Hull Gelcoat surface is warrantied against laminate blisters in the case of composite construction in principally fiberglass and/or fiberglass and Kevlar blend if applicable, which occurred as a result of defects in materials and/or workmanship. This warranty is contingent only upon the understanding that the boat will be regularly given necessary attention and personal care. On cleaning, this is specially contingent that boat will be regularly washed using mild non-abrasive cleaning compound or detergents.
3.1.3. The following Factory installed items are covered fir a warranty period of not less than nor held to a minimum of TEN (10) years
18.104.22.168 The structural hull from any “structural defective” abnormality where a defect causes the hull to be unsafe or unfit for use under normal operating conditions; the term “hull”” means the single fiberglass molded shell and its integral fiberglass structural components.
3.2. It is manfuacturer and COMPANY sole and exclusive decision, whether to repair or replace a component listed above. At no time will safety be an issue over cost, owner safety is the utmost concern of COMPANY and manufacturer and will be always the deciding factor to the benefit of the owner.
3.3 COMPANY obligation to repair under warranty is limited to the cost of repair of the warranted item or replacement, or at the COMPANY discretion with manufacturer, to replace or refund to the owner a satisfactory amount based on independent analysis of severity of problem. This shall constitute the sole responsibility of COMPANY liability and owner will hold COMPANY harmless as a representative or dealer for manufacturer who has ultimate final responsibility to Owner.
3.4 Regardless, COMPANY will enforce always and uphold on behalf of manufacturer, the identified and assigned manufacturers factory/shipyard warranty, for the safety, benefit, and financial security of the owner.
4. The following items ARE NOT COVERED under this Warranty Statement of responsibilty.
4.1 Damage, failure, or other problems with the boat’s finish, such as stress cracks, craze, cracked stars, fading, chalking, blistering, or fading in color from sun or weather exposure.
4.2 Engines, Outdrive’s, controls, propellers, trolling motors, or other equipment and/or accessories manufactured by other companies and installed on said vessel which provide their own individual manufacturer warranty consumer protection.
4.2 Damage caused by the use of improper fuel or fluids. Damage caused by the use of Owner-applied chemicals or accidental spills.
4.3 Damaged caused by the use of the boat for any racing, speed, commercial competition or performance demonstration; damage resulting from the use of the boat for rental, commercial, or industrial purposes.
4.4 Damage caused by fire, theft, freezing, vandalism, explosion, lightening, wind, hail, storms, flooding or other natural disaster.
4.5 Damages, defects, and/or deterioration caused by environmental or climactic conditions; and/or damage caused by electrolysis, crevice or galvanic corrosion, or any deterioration of underwater installed equipment.
4.6 Damages, failure, or other problems with the boat’s finish such as paint, bright metal surfaces, anodizing, decals, rubber and plastic components.
4.7 Damage to or failure of (such as tears or fading) upholstery, canvas, carpet, and any other soft goods installed aboard vessel.
4.8 Installation of engines or other accessories not performed by COMPANY, but will recognize responsibility with proper filing of claim by owner for manufacturer claim under manufacturer new vessel owner registered warranty as noted in paragraph 1.3.
4.9 Owner removal and/or de-rigging of engines or accessories without COMPANY written authority and/or approval
4.10 Any damage caused by accisdent or resulting from alteration, abuse, commercial use, misuse or negligent use of any COMPANY vessel/boat or product.
4.11 Use of COMPANY vessel/boat or product powered or loaded in excess of maximum limits will be considered misuse and will result in cancellation of any warranty past or future.
4.12 Damage resulting from failure to perform routine periodic maintenance to COMPANY vessel/boat, installed products including but not limited to engines, generators, pumps, batteries, zincs, electrolysis, in accordance with COMPANY vessel’s/boat’s COMPANY recommendations.
4.13 Damages caused by improper trailer or mismatching of a boat to a trailer or failure to properly secure a boat to a trailer or use of a support devise in trailering.
5. LIABILITY LIMITATION: EXCLUSION OF CONSEQUENTIAL DAMAGES
5.1 This Limited Warranty is ONLY for the benefit of the first Owner of the boat WITH transfer of Manufacturer Statement of Origin (MSO) assigned and shall not create or evidence any right to any third party. Transfer of Limited Warranty is to the full authority of the manufacturer and COMPANY and shall not be represented as transferable under any condition by Owner unless specified in writing.
5.2 THE REPAIR OR REPLACEMENT OF DEFECTIVE COMPONENT PARTS AS PROVIDED UNDER THIS LIMITED LIABILITY WARRANTY IS THE MAXIMUM EXTENT AGREED TO AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR AN INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY DAMAGES OR LIABILITY, OR LOST PROFITS WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE THE VESSEL/BOAT OR ANY COMPONENT PART THEREOF , OR FOR ANY BREACH OF THIS LIMITED WARRANTY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD BE REASONABLY HAVE BEEN FORESEEN BY COMPANY.
5.3 This warranty does not cover:
5.3.1 Loss of use of COMPANY products
5.3.2 Loss of time, or inconvenience
5.3.3 Mechanic’s travel time, or expenses
5.3.4 Telephone calls
5.3.5 Towing, Crane, or haul out or launching charges, fees, and expenses
5.3.6 Boat or Car Rentals
5.3.7 Fuel expenses; and/or food or lodging expenses
5.3.8 Any and all costs for transportation to and from location detemined solely by COMPANY for the purposae of repairing or replacing warranty item or part.
6. PRODUCT CHANGES OR MODIFICATIONS
6.1 COMPANY may modify, improve, or discontine the design, specifications, or models with respect toa ny COMPANY vessel/boat at any time and will not be obligated to make any such changes or modification to any boats previously manufactured and sold. Upgrade packages can be made available to owners,but is not mandatory nor is COMPANY obligated in responsibility for said modifications packages or changes to preexisting models.
7. WARRANTY CLAIMS PROCEDURE
7.1 Owner must return the boat to the selling dealer or factory representative, or factory/shipyard at his own expense unless deemed appropriate by factory representative, or factory/shipyard as a manufacturing issue and faulty manufacturing.
7.2 The owner must present a copy of the registered Customer Warranty Form or the original sales receipt to establish that the boat is still under warranty.
7.3 Authorized personnel of the selling Dealer or COMPANY as an authorized manufacturer representative must inspect the vessel/boat to determine if the claim is valid as a warranty issue and that a manufacturing defect or faulty component exists.
7.4 It it appears that the problem is wityin the terms of this warranty agreement, COMPANY will make arrangements for repair or replacement of all defective parts or components found to be under warranty.
7.5 Owner must sign a warranty form verifying the completion of any warranty work for submission to manufacturer for compensation to COMPANY or Owner.
7.6 If either the Owner or COMPANY has to enforce or defend any action regarding this agreement, the Owner agrees that Florida Law will apply, and the jurisdiction shall be the state of court of Broward County, Florida, USA. The prevailing party will be entitled to his/her attorneys’ fees and costs.
This waranty agreement constitutes the entire WARRANTY CLAIMS responsibility and liability for COMPANY.